Patent Riffs & Links 5-2-18

Here are some links to news and commentary on patents and IP for 5-2-18:
1. The Goods on IP – April 2018 | JDSUPRA
“The April 2018 issue of Sterne Kessler’s The Goods on IP® discusses prosecuting consumer product claims that include ‘process’ limitations, the doctrine of aesthetic functionality in design patents, and issues with licensee marking…”
May 1, 2018

2. Court Affirms Ruling in Battle Between eDiscovery Providers Over Hired Sales Agents: eDiscovery Case Law | JDSUPRA
“Remember the lawsuit filed by DTI against LDiscovery and four former sales agents of DTI who were hired by LDiscovery, claiming they misappropriated trade secrets, interfered with client relationships and breached their contracts? ”
May 1, 2018

3. House Unanimously Passes Music Modernization Act – Paves the Way for Major Updates to Digital Music Royalty Ecosystem | JDSUPRA
“A major upgrade for music copyright and licensing laws is one step closer to reality with the U.S. House of Representative’s unanimous passage of HR 5447, dubbed the Music Modernization Act (‘MMA’), which is aimed at revolutionizing the way digital music royalties are collected and how songwriters get paid…”
May 1, 2018

4. Wash Your Hands Before Going to Court; Unclean Hands Wipe out Recovery for Valid and Infringed Patents | JDSUPRA
“In Gilead Sciences, Inc. v. Merck & Co., [2016-2302, 2016-2615] (April 25, 2018), the Federal Circuit affirmed the district court’s determination that the claims the jury found to be valid and infringed were unenforceable because of pre-litigation business misconduct and litigation misconduct attributable to Merck…”
May 1, 2018

5. What do human traffickers, money launderers, and patent non-practicing entities have in common? | FR May 1, 2018

6. Join Us This Memorial Day Weekend at Carry The Load 2018 | KLEMCHUK
By Nicole Wichi: “As Memorial Day 2018 is fast-approaching, we take this time to reflect on the sacrifices, past and present, made by all in our armed forces. Once again, my family and I would be honored for you to join us in supporting Carry The Load, a nonprofit dedicated to celebrating our nation’s heroes…”
May 1, 2018

7. May the Lawsuit Be With You | THEIPLAWBLOG
By Scott Hervey: “Unless you have been living under a rock (and not a rock on Tatooine), then you have heard of a little film called Star Wars, things called lightsabers, the Millennium Falcon, and even droids. But do you know how to play Sabbac? ”
May 1, 2018

8. Massachusetts Patent Litigation Wrap Up – March 2018 | FR May 1, 2018

9. Patent Aggregator Announces Planned $555M Sale to San Francisco Private Equity Firm | LAW
By Tom McParland: “RPX Corp. on Tuesday announced a deal to be acquired by private equity firm HGGC for $555 million, the latest in a series of shake-ups at the San Francisco-based defensive patent aggregator in recent years…”
May 2, 2018

10. Federal Circuit Hears Argument in CRISPR Patent Priority Dispute | JDSUPRA
“Today, the U.S. Court of Appeals for the Federal Circuit heard argument in University of California v. Broad Institute1 on whether the Patent Trial and Appeal Board (PTAB) correctly held that both the University of California (UC) and the Broad Institute (Broad) are entitled to their separate patents to CRISPR technology.2 CRISPR is a powerful gene editing technology first identified in prokaryotes (for example, bacteria)…”
May 1, 2018

11. European Commission issues important notice on the impact of Brexit on .EU domain names | JDSUPRA
“On 28 March 2018, the European Commission’s (EC) Directorate-General for Communications Networks, Content and Technology released an important notice to stakeholders (the ‘Notice’) on the impact of Brexit on…”
May 1, 2018

12. Nikola is suing Tesla in Arizona for patent infringement of its semi-trucks – Phoenix Business Journal | BIZJOURNALS
“Hydrogen-electric semi-truck startup Nikola Corp. is suing Tesla Inc. for $2 billion in Arizona federal court for patent infringement. Nikola executives are claiming the Tesla Semi design is ‘substantially similar’ to the ‘unique design’ of its Nikola One electric Class 8 heavy-duty truck…”
May 2, 2018

13. Use It or Lose It: Assert All Prior Art References During IPR | BLOGS.ORRICK
By Alex Fields: “ZitoVault, LLC v. International Business Machines Corporation and Softlayer Technologies, Inc., N.D. Texas (April 4, 2018) ”
May 1, 2018

14. Celgene Corp. v. Hetero Labs Ltd. | JDSUPRA
“Case Name: Celgene Corp. v. Hetero Labs Ltd., 17-3387 (ES) (MAH), 2018 U.S. Dist…”
May 1, 2018

15. But Who Will Avenge The Avengers? How The Marvel Method Deprived The Visionary Behind Marvel’s Most Famous Characters From Enforcing His Rights | ABOVETHELAW
By Scott Alan Burroughs: “With Avengers: Infinity War sucking up over $600,000,000.00 at the worldwide box office over the weekend, now seems like the perfect time to explore the vicious and long-running copyright saga involving Marvel Comics, the rightsholder to the Avengers and the other heroes of the Marvel Cinematic Universe, and the writers and illustrators responsible for creating the characters populating that Universe…”
May 2, 2018

16. Gamevice requests ITC block all US imports of Switch due to patent infringement | VG247
“It’s Wednesday, which means Nintendo has been accused of patent infringement. Yes, companies get sued all the time by others or yelled at over patents. But Nintendo seems to get smacked with such accusations left and right…”
May 2, 2018

17. Nikola Motors sues Tesla for $2 billion over alleged design-patent infringement | ARSTECHNICA
By Megan Geuss: “On Tuesday, zero-emissions truck startup Nikola Motor Company sued Tesla for allegedly infringing on its design patents. Nikola says that Tesla’s Semi, which was revealed in November 2017, too closely resembles its Nikola One, a hydrogen fuel-cell vehicle that was revealed in December 2016…”
May 2, 2018

18. Implications of SCOTUS Opinions on Constitutionality, Scope of Inter Partes Reviews | JDSUPRA
“The Supreme Court recently handed down two highly anticipated decisions concerning inter partes review (IPR) challenge proceedings in the Patent Trial and Appeal Board (PTAB). In Oil States Energy Services, LLC v…”
May 1, 2018

19. Protect patents: on revoking Monsanto’s Bollgard-2 patent | THEHINDU
By Priyanka Pulla: “The Delhi High Court (HC) judgment revoking Monsanto’s Bollgard-2 patent is fraught with problems. Bollgard-2 is an insecticidal technology which uses a gene called Cry2Ab from the soil bacterium Bacillus Thuringiensis (Bt)…”
May 2, 2018

20. US Supreme Court Strikes Down Partial Institutions in IPRs | JDSUPRA
“The ruling in SAS Institute v. Iancu, which requires final written decisions on all or none of the challenged claims, will lead petitioners to carefully consider their strategy on which claims to challenge in an inter partes review petition…”
May 1, 2018

21. Motion to Amend Substituting Claims Granted in Full, Possibly Reflecting the Change Wrought By Aqua Products | PTABWATCH
By Kate Nuehring Su: “The Board recently granted a motion to amend, to replace unpatentable claims with proposed substitute claims, a rare occurrence that may signal a change compelled by Aqua Products (summarized here). In Apple, Inc. v…”
May 1, 2018

22. April 2018: QE Obtains Order Enjoining Huawei from Enforcing Injunctions Against Samsung In China | JDSUPRA
“In Huawei Technologies, Co., et al. v. Samsung Electronics Co., et al., Case No. 3:16-cv-02787 (N.D…”
May 1, 2018

23. Upcoming Webinar: Top 5 Court Decisions Impacting Future IP Litigation | PATENTS4LIFE
By Warren Woessner: “Within the last few years, the Federal Circuit and Supreme Court have handed down decisions that altered the landscape of both patent prosecution and enforcement, ranging from venue and attorneys’ fees to the standards for obviousness and patent eligibility…”
May 1, 2018

24. Basket Weaves And Racing Stripes: Tensions In Defining The Scope Of Protection In ‘Nontraditional’ Trademarks In The U.S. | JDSUPRA
“Early this spring, fashion company Steve Madden filed an action for declaratory judgment in a trademark dispute with up-and-coming designer, Jasmin Larian, responding to a series of cease and desist letters in which the latter accused Steve Madden of copying its handbags.[ ”
May 1, 2018

25. Fraudulent Lawsuit Allegations Insufficient to Maintain RICO Claim | JDSUPRA
“Addressing the sufficiency of allegations to sustain a claim under the Racketeer Influenced and Corrupt Organizations (RICO) Act, the US Court of Appeals for the Second Circuit affirmed the dismissal of a complaint alleging a scheme to fraudulently bring a trademark infringement lawsuit…”
May 1, 2018

26. IPRs Are Here to Stay, But Partial Institution Decisions Are a Thing of the Past | JDSUPRA
“It was a big day at the Supreme Court for patent law and, in particular, Inter Partes Reviews. In the first of two decisions, the Court ruled that IPRs are constitutional, casting aside a challenge to the very existence of the proceeding…”
May 1, 2018

27. AutoComplete: Nikola takes Tesla to court for alleged patent infringement | CNET May 1, 2018

28. Subscribe | THEPATENTINVESTOR
“A subscription to The Patent Investor costs $299 a year for an individual subscription and $750 a year for a group subscription. Both provide access to the website and 45 weekly issues. Pay Securely Online ”
May 1, 2018

29. Subscribe | THEPATENTINVESTOR
“A subscription to The Patent Investor costs $299 a year for an individual subscription and $750 a year for a group subscription. Both provide access to the website and 45 weekly issues. Pay Securely Online ”
May 1, 2018

30. Tesla sued for $2B by electric semi-truck startup alleging patent infringement | MLIVE
By Benjamin Raven: “A startup company working on an electric-hydrogen semi-truck has filed a $2 billion lawsuit against Tesla alleging that Elon Musk’s all-electric semi infringed on its patent. Nikola Corporation filed the lawsuit against Tesla Tuesday, May 1 in an Arizona-based U.S…”
May 2, 2018

31. PTO Litigation Report – May 2, 2018 | PTOLITIGATIONCENTER
“Listed below are all new filings before the PTAB of petitions for inter partes review (IPR), covered business methods review (CBM), and post grant review (PGR). Also listed are any newly-posted requests for ex parte reexamination at the USPTO…”
May 1, 2018

32. 01 Communique Laboratory, Inc. v. Citrix Systems, Inc. | JDSUPRA
“Editor: Paul Stewart Federal Circuit Summaries Before Newman, Mayer, and Stoll…”
May 1, 2018

33. U.S. Investigating Nintendo For Alleged Switch Patent Infringement | VARIETY May 2, 2018

34. Nikola Sues Tesla, Alleging Semi Truck Patent Infringements | THEDRIVE
By Stephen Edelstein: “Nikola Motor is suing Tesla, and remarkably it has nothing to do with the fact that both companies are named after a certain Serbian-American inventor. Nikola is suing Tesla over the Silicon Valley’s semi truck design, alleging patent infringement…”
May 1, 2018

35. Tesla accused of copycat semi truck design in $2 billion patent lawsuit | FOXNEWS
“Startup truck company Nikola Motors has hit Tesla with a $2 billion lawsuit accusing it of patent infringement. The Utah-based outfit alleges that the Elon Musk-run company copied several styling elements from its upcoming Class 8 tractor for the design of the all-electric Tesla semi it revealed last year…”
May 2, 2018

36. US Could Block Nintendo Switch Shipments Over Patent Investigation | GAMERANT
By Jasmine Henry: “In August 2017, a tablet manufacturer named Gamevice made headlines when it sued Nintendo over the Switch controller design. Gamevice had previously filed a patent for a tablet with detachable controllers and it accused the Switch maker of infringing on this…”
May 1, 2018

37. Trade Secrets: Intersection of state and federal law | JDSUPRA
“In May 2016, the US Congress enacted the Defend Trade Secrets Act (‘DTSA’), which created a federal private right of action for trade secret misappropriation ‘if the trade secret is related to a product or service use in, or intended for use in, interstate or foreign commerce.’ ”
May 1, 2018

38. SHFL ENTERTAINMENT, INC. v. DIGIDEAL CORPORATION [OPINION] | CAFC.USCOURTS.GOV “Home SHFL ENTERTAINMENT, INC. v. DIGIDEAL CORPORATION [OPINION] ”
May 1, 2018

39. IN RE: WILKINSON [RULE 36 JUDGMENT] | CAFC.USCOURTS.GOV May 1, 2018

40. DIGITAL ALLY, INC. v. TASER INTERNATIONAL, INC. [RULE 36 JUDGMENT] | CAFC.USCOURTS.GOV May 1, 2018

41. LOPEZ v. WILKIE [OPINION] | CAFC.USCOURTS.GOV May 1, 2018

42. JACKSON v. WILKIE [OPINION] | CAFC.USCOURTS.GOV May 1, 2018

43. BURRIS v. WILKIE [OPINION] | CAFC.USCOURTS.GOV May 1, 2018

44. Apple Faces Patent Lawsuits Over the iPhone’s Dual Cameras | PETAPIXEL
By Michael Zhang: “Apple is being sued in two separate patent infringement cases by an Israeli company that’s one of the pioneers of dual camera technology in smartphones. Corephotonics accuses Apple of violating its patents in the dual camera systems found in the latest generations of iPhones…”
May 1, 2018

45. Should Tesla Be Worried About This $2 Billion Patent Suit? | 247WALLST
By Chris Lange: “It came to light recently that Elon Musk’s brainchild, Tesla Inc. (NASDAQ: TSLA) is being sued by electric hydrogen truck startup Nikola Motor for patent infringement. The suit is for over $2 billion, and it alleges that Tesla copied the design of Nikola’s big rigs, originally unveiled in May 2016…”
May 2, 2018

46. The Top Five Intellectual Property Inquiries From Consumer Product Businesses At The ASD Market Week And Sourcedirect Trade Shows | JDSUPRA
“I recently had the opportunity to speak about intellectual property (IP) issues at ASD Market Week, a twice-yearly B2B trade show featuring a wide range of retail merchandise, and SourceDirect, a wholesale trade show for global sourcing professionals such as importers, distributors, wholesale manufacturers and product development companies…”
May 1, 2018

47. Federal Circuit Holds that Reissue Application of Hemodialysis Shunt Patent Impermissibly Recaptured Surrendered Subject Matter | NATLAWREVIEW
“The Federal Circuit, in a nonprecedential decision, held that claims of a reissue application were properly rejected because they recaptured subject matter surrendered during the original prosecution of U.S…”
May 1, 2018

48. Production of Entire iOS and watchOS Source Code Not Relevant and Proportional to Infringement of Step Counter Patent | DOCKETREPORT.BLOGSPOT
By Docket Navigator: “The court denied plaintiff’s motion to compel production of the entire source code for two of defendant’s operating systems because plaintiff failed to establish that the additional code was relevant and proportional to the needs of the case…”
May 1, 2018

49. Federal agency investigating Nintendo for Switch-related patent infringement | DIGITALTRENDS
By Lulu Chang: “The Nintendo Switch has been a runaway hit for the Japanese gaming company with folks around the world having snapped up more than 15 million units of the popular gaming console already. But the Switch’s road to success thus far hasn’t been without its pitfalls — first, there was the report of the unpatchable exploit, and now, there’s more bad news…”
May 2, 2018

50. EpiPen patent revoked in Europe | LIFESCIENCESIPREVIEW
“The European Patent Office (EPO) has revoked a patent covering Mylan’s EpiPen (epinephrine) injector after finding that patent amendments contravened the European Patent Convention (EPC). ALK-Abello, a Denmark-based pharmaceutical company that makes the Jext injector, and Merck had opposed European patent number EP1,786,491 in November 2016…”
Feb 4, 2018

51. Conference on Copyright for Music in the Digital Age in Memory of Arnan Gabrieli | BLOG.IPFACTOR.CO.IL
“Nahum and Ehud Gabrieli of Seligsohn Gabrieli & Co. are hosting a conference in memory of Arnan Gabrieli at Airforce House Herzliya on 8th May 2018. The event is cosponsored with the Haifa Center for Law and Technology and AKUM – the main Performers Copyright Collection Society in Israel…”

52. Supreme Court Strikes Down PTAB Partial-Institution Practice—SAS Institute v. Iancu | BOMCIP
“Blog Takeaway: When an IPR is instituted, the PTAB must issue a final written decision on all claims challenged in the petition. On April 24, 2018, the Supreme Court issued its decision in SAS Institute Inc. v…”
May 1, 2018

53. The Changing Copyright Climate And WIPO: Interview With IPOS Chief Executive Daren Tang | IP-WATCH.ORG
By Catherine Saez: “The copyright committee of the World Intellectual Property Organization is meeting at the end of May with some complex issues on the agenda that may see new approaches for moving them forward, including the protection of broadcasting organisations, and limitations and exceptions to copyright for certain actors such as libraries and archives…”
Feb 4, 2018?

54. Federal Circuit rules Alice did not alter the law governing 101 | IPWATCHDOG
By Gene Quinn: “On April 20, 2018, the Federal Circuit issued a decision in Voter Verified, Inc. v. Election Sys. & Software LLC, a case arising from an appeal by Voter Verified, Inc. from the United States District Court for the Northern District of Florida’s dismissal under Fed…”
May 1, 2018

55. Unified Office Issued Patent for Its Award Winning Highest Quality Routing Protocol™ Transmission Network | MULTICHANNEL
By PR Feed Contributor: “Nashua, NH – Unified Office, Inc, a leading managed services provider offering reliable hybrid cloud-based Voice/UC communications services, IoT and business analytics to small and medium-sized businesses (SMBs), announced today that the US Patent Office has issued a patent for its Highest Quality Routing Protocol™ (HQRP™), U.S…”
May 1, 2018

1. Unified Office Issued Patent for Its Award Winning Highest Quality Routing Protocol Transmission Network | GLOBENEWSWIRE
By Unified Office: “Second Patent Awarded to Unified Office for Breakthrough in the Routing of Voice Communications, IoT, and Other Real-Time Communications Over Broadband Networks Nashua, NH. , May 02, 2018 (GLOBE NEWSWIRE) — Unified Office, Inc, a leading managed services provider offering reliable hybrid cloud-based Voice/UC communications services, IoT and business analytics to small and medium-sized businesses (SMBs), announced today that the US Patent Office has issued a patent for its Highest Quality Routing Protocol™ (HQRP™), U.S…”
May 2, 2018

3. Nikola suing Tesla over tractor design patent infringement claims | CCJDIGITAL
By Jason Cannon: “Nikola Motor Company filed a lawsuit Tuesday against Tesla Inc., alleging the electric-car company infringed on several of its Class 8 truck design patents. The hydrogen-electric truck startup claims Tesla’s Semi – set for production next year – violates Nikola patents for the truck’s fuselage design, mid-entry door and wrap-around windshield…”
May 1, 2018

4. CLE: European Patent Strategies | CHICAGOIPLITIGATION
By R. David Donoghue: “On Thursday, May 10, 2018, from 4:30-7:00 pm, the Intellectual Property Law Association of Chicago (IPLAC) is sponsoring a panel presentation on European patent strategies by Albert Keyack, EPO Attaché to the USPTO & Dr…”
May 1, 2018

5. ‘Biosimilars’ Under the 505(b)(2) Pathway | JDSUPRA
“Earlier this month, the FDA approved the biosimilar Zarxio (filgrastim-sndz) for sale in the United States. This approval – the first of its kind under the so-called 351(k) pathway – comes nearly five years after the pathway was created by the Biologics Price Competition and Innovation Act (“BPCIA”)…”
May 1, 2018

6. The Biggest Trade Secret Loophole You’ve Never Heard Of | IPWATCHDOG
By James Pooley: “Here in the U.S. we have a litigation system for pre-trial “discovery” that allows access to virtually every email and every record a company owns. It costs businesses more than $40 billion every year…”
May 1, 2018

7. Googles Use of Oracles APIs | JDSUPRA
“On March 27, 2018, the Federal Circuit handed down its long awaited decision on whether Google’s use of 37 Java application programming interface packages (“APIs”) in Google’s Android mobile operating system was protected under U.S. copyright law’s fair use doctrine…”
May 1, 2018

8. News IAM’s Auto events in the US and Europe this month are motoring towards sell-out 02 May 18 | IAM-MEDIA
“On 8th May in Detroit, IAM will be holding its third annual conference in Motor City looking at IP issues in the automotive industry. Rebranded this year as Auto IP USA, the event has so far attracted close to 200 delegates – including a very strong cohort from the industry itself…”
May 1, 2018

9. Proof of Existence Is Not Proof of Ownership | IPWATCHDOG
By Joe Naylor: “There is a dangerous movement afoot; the idea that registration of your images on the blockchain is a cheap and simple alternative to registration with the United States Copyright Office. It is not. Those providing copyright registration services based solely on the blockchain will argue that inscribing a hash of your image along with its accompanying metadata creates an immutable record of your copyright ownership…”
May 1, 2018

10. Never Too Late: if you missed the IPKat last week! | IPKITTEN.BLOGSPOT
“Last year, a Fearless Girl statue was positioned in front of the Charging Bull statue in Manhattan, much to the chagrin of the author of the latter. Now, Kat Eleonora tells us that, after complaints and claims of violation of IP rights, in the end Fearless Girl will be moved due to … viability concerns…”
May 1, 2018

11. European Pharma Law Academy returns to beautiful Cambridge | IPKITTEN.BLOGSPOT
By Eleonora Rosati: “Our friends at KNect 365 wish to let IPKat readers know that, also this year, the European Pharma Law Academy returns to Cambridge for 3+1 days (10 – 13 September; the first day, devoted to fundamentals, being separately bookable) of discussions and learning in the stunning premises of Downing College…”
May 1, 2018

12. Genetic Analyses of Sweet Potato Genome Sheds Light on Speciation and Global Dispersion Patterns | PATENTDOCS.ORG
By Kevin E. Noonan: “Hiram Bentley Glass and classical geneticists of the Twentieth Century elucidated some of the ways that genetics could inform regarding human populations and their history, using observations like genetic drift (famously, among the Amish) and the ‘founder effect.’ ”
Apr 30, 2018

13. Following the Stone Brewing-MillerCoors Trademark Dispute: MillerCoors Responds | JDSUPRA
“A recent blog post chronicled the trademark infringement action Stone Brewing had initiated against MillerCoors for its marketing of Keystone Light, which allegedly emphasized the word “STONE” in a confusing manner…”
Apr 30, 2018

14. Fresh From the Bench: Latest Federal Circuit Court Cases | JDSUPRA
“PATENT CASE THIS WEEK In an appeal from a bench trial finding patents unenforceable, the Federal Circuit issued a rare decision on the doctrine of unclean hands. The doctrine of unclean hands in patent law arises from two twentieth-century Supreme Court cases: Keystone Driller Co. v…”
Apr 30, 2018

15. Supreme Court Speaks on Constitutionality and Scope of Inter Partes Reviews at the PTO | JDSUPRA
“The Supreme Court in Oil States v. Greene’s Energy ruled 7-2 that cancellation of patent claims in an inter partes review does not violate either Article III or the Seventh Amendment of the Constitution…”
Apr 30, 2018

16. Detail Necessary for a Lawsuit: “Your Products Infringe My Patent” | PATENTLYO
By Dennis Crouch: “by Dennis Crouch Disc Disease Solutions v. VGH Solutions (Fed…”
Apr 30, 2018

17. PTAB Chief Judge Addresses Impact of SAS | JDSUPRA
“On April 30, 2018, the Patent Trial and Appeal Board (PTAB) held a “Chat with the Chief” webinar to discuss the impact of SAS Institute Inc. v. Matal, 16-969 (Apr. 24, 2018)…”
Apr 30, 2018

18. Change Is Coming (Maybe): Reviewing the AIA Reviews and 101 “Clarity” | JDSUPRA
“On April 18, 2018, the Director of the USPTO Andrei Iancu informed the U.S. Senate Judiciary Committee that he aims to propose changes to America Invents Act reviews by this summer 2018. The Director told the Committee that the Office is in the process of undertaking a complete review of the AIA review system, and that the scope of the Office’s review is “the entire proceeding, beginning to end.” ”
Apr 30, 2018

19. Standing Committee on Health proposes National Pharmacare program, modifications to prescription and generic drug pricing | JDSUPRA
“While common among member countries of the Organisation for Economic Co-operation and Development (OECD), Canada does not have a national pharmacare program, i.e. a single system of public insurance coverage for prescription drugs…”
Apr 30, 2018

20. Beijing IP Court Finds Live Football Broadcasts Not Copyrightable | JDSUPRA
“Live broadcasts of football games failed to reach the fixation and originality requirements for copyright protection, held by the Beijing IP Court in its recent judgment. Background The judgment was in relation to a dispute between SINA.COM, a portal website which broadcasted live Chinese Super League football games on its internet site with an exclusive license from the game organizer and the operator of another portal website, IFENG.COM, where hyperlinks to the live broadcasts of two football games of Chinese Super League were offered, undermining SINA.COM’s flow of web audience…”
Apr 30, 2018

21. Is Alice Coming Home From Wonderland? Finally Finding Direction in the Fairy Tale of 101 Jurisprudence | JDSUPRA
“In its 2014 decision, Alice v. CLS Bank, the Supreme Court dramatically reshaped the application of 35 U.S.C. § 101, which defines patent eligible subject matter. Much to the chagrin of inventors and patent practitioners around the world, the Supreme Court established a poorly defined test that the courts have struggled to apply in ways that result in consistent and predictable outcomes…”
Apr 30, 2018

22. IPR Time Bar Exception to End? Blog Patents Post-Grant | LEXOLOGY
“Can Dismissal Of A Complaint Without Prejudice Unring the 315(b) Bell? Because there hasn’t been enough change to the PTAB over the last week with SAS Institute, get ready for more…but this one will aid Patent Owners…”
May 1, 2018

23. Does Trademark Protection Extend to On-Line Advertising- Apparently It All Depends Blog Retail Law Advisor | LEXOLOGY
“It seems that nearly every day another retailer announces the large-scale closure of brick-and-mortar storefronts, with such household brands as Toys “R” Us and J. Crew, just to name two, planning to shutter stores in 2018…”
May 1, 2018